IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021078 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show:

* award of the Republic of Vietnam Campaign Medal with Device (1960)
* completion of Army Chemical School training

2.  The applicant states that although his records show his deployment to Vietnam and training at Fort McClellan, AL, his DD Form 214 does not show the deployments or training.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 12 October 1966.  He completed basic combat training at Fort Benning, GA, and 9-week advanced individual training at Fort McClellan, AL.  He was awarded military occupational specialty (MOS) 54D (Chemical Equipment Repairman) on 2 March 1967.

3.  Subsequent to completion of MOS training, he was reassigned to the 25th Chemical Company, Korea.  While in Korea:

	a.  Unit Order Number 54 issued by Headquarters, 25th Chemical Company (Smoke Generator), dated 10 May 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Special Orders Number 228, issued by Headquarters, I Corps (Group), dated 22 September 1967, awarded him primary MOS 76Y (Unit Supply Specialist) and secondary MOS (SMOS) 54D.

	c.  He was attached to Task Force Pike, Vietnam, from on or about 2 October 1967 to on or about 20 April 1968 where he served in MOS 76Y (Unit Supply Specialist).  The Task Force appears to have been under the operational control of U.S. Army Vietnam (USARV).

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 25th Chemical Company, Korea, from 21 March 1967 to 1 October 1967 and the 25th Chemical Company with duty with Task Force Pike, Vietnam, from 2 October 1967 to 20 April 1968.

5.  On 10 April 1968, Headquarters, I Corps (Group), published Special Orders Number 88 directing his reassignment from the 25th Chemical Company, Korea, to Fort Bragg, NC, in MOS 71H.

6.  He was honorably released from active duty on 11 October 1968.  He completed 2 years of creditable active service with no lost time.  His DD Form 214 shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, and Army Good Conduct Medal
* item 25 (Education and Training Completed) – Basic Training and Code of Conduct

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Appendix B of Army Regulation 600-8-22 shows participation credit was awarded for the below campaigns during his service in Vietnam.  This same regulation states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time of his separation stated item 25 of the DD Form 214 showed installation training courses (qualification courses) successfully completed by the Soldier during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 2 October 1967 to 20 April 1968.  This period of service qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.

2.  General orders awarded USARV and its subordinate elements in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant's unit appears to have been under the operational control of USARV while in Vietnam.  Therefore, the applicant qualifies for this unit award and correction of his DD Form 214 to show it.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Unit orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  He completed the 9-week Chemical Equipment Repairman Course on 2 March 1967 at Fort McClellan, AL.  He is entitled to have this training listed on his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding award of the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214
* adding the training "Chemical Equipment Repairman, 9 weeks, 1967" to his DD Form 214



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110021078



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021078



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1